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Demedicalization of Female Sexuality Jeneanne Orlowski The Modern American Volume 8 | Issue 2 Article 5 2012 Beyond Gratification:The Benefits of Pornography and the Demedicalization of Female Sexuality Jeneanne Orlowski Follow this and additional works at: http://digitalcommons.wcl.american.edu/tma Part of the Law Commons Recommended Citation Orlowski,Jeneanne. "Beyond Gratification: The Benefits of orP nography and the Demedicalization of Female Sexuality." The odeM rn American 8, no. 2 (2012): 53-71. This Article is brought to you for free and open access by the Washington College of Law Journals & Law Reviews at Digital Commons @ American University Washington College of Law. It has been accepted for inclusion in The odeM rn American by an authorized administrator of Digital Commons @ American University Washington College of Law. For more information, please contact [email protected]. Beyond Gratification:The Benefits of Pornography and the Demedicalization of Female Sexuality This article is available in The odeM rn American: http://digitalcommons.wcl.american.edu/tma/vol8/iss2/5 BEYOND GRATIFICATION: THE BENEFITS OF PORNOGRAPHY AND THE DEMEDICALIZATION OF FEMALE SEXUALITY By: Jeneanne Orlowski1 This Paper argues that non-obscene adult role in the demedicalization5 of female sexuality and pornography should remain protected by the United should remain protected by the First Amendment. States Constitution because it has contributed to the Specifically, there should be continued protection demedicalization of female sexuality. There is an on- of non-obscene pornography. However, some going debate among feminists regarding the value of pornography should remain unprotected under the pornography and whether it should be protected under the First Amendment and classified as obscene because First Amendment. This Paper explains the background their harms are so great, such as child pornography. of the debate regarding the status of pornography as a The current definition of obscenity seems to form of speech and whether it has value that warrants its adequately reflect this difficult boundary and, protection. Specifically, this Paper focuses on the removal therefore, non-obscene pornography should remain of nymphomania from the Diagnostic and Statistical protected under the First Amendment. Manual and its absence as a modern medical diagnosis Historically, female sexual expressions that as an example of the demedicalization of female violate social norms6 have been stigmatized which sexuality. The demedicalization of female sexuality has caused women to believe that their desires were positively affected women in the United States. Catalysts symptoms of disease and led doctors to treat them.7 for this demedicalization include the production and Female sexuality is one of many natural processes, consumption of adult pornography by women. For this in addition to childbirth, homosexuality, and drug reason, adult pornography deserves continued protection addiction,8 that has been medicalized.9 Medicalization as a form of free speech under the First Amendment. has often arisen in connection with issues surrounding the control of women’s reproduction, especially women’s sexuality.10 An example of this medicalization I. Introduction is nymphomania, which was used as a catchall term for women’s actions, usually sexual actions, that society There is an on-going debate regarding the frowned upon, such as wearing revealing clothing or values of pornography and the effects that may result engaging in premarital sex. Nymphomania reflected from its production and consumption.2 Under the society’s disapproval and anxieties about gender roles First Amendment, there is a presumptive protection and social norms.11 Many of the same acts that resulted of all speech.3 In order for sexual speech to fall beyond in society labeling a woman as a nymphomaniac were that protection, there must essentially be a showing considered socially acceptable for a man, and did that the speech is obscene, which means that the not result in similar labeling.12 In 1987, the term material: 1) appeals to a prurient interest in sex; 2) nymphomania was removed from the Diagnostic and is patently offensive to contemporary community Statistical Manual of Mental Disorders and, as a result, standards; and 3) is “utterly without redeeming is no longer a recognized psychosexual disease.13 This social value.”4 There are arguments that non-obscene achievement potentially resulted from many catalysts. pornography causes harm to women and society, but This Paper focuses on pornography’s role in achieving these purported harms are not substantial enough to the demedicalization of female sexuality. outweigh the benefits of pornography. This Paper argues that pornography has played a substantial FALL 2012 53 Part II of this Paper explains the history harm that outweigh any benefits supporters might of nymphomania and the medicalization of female argue that it has. Therefore, the harms caused by the sexuality. Included is a description of nymphomania production and consumption of child pornography and the ways in which it has been connected to illness. negate the presumptive protections for free speech Additionally, this Part addresses how the concept of under the First Amendment. nymphomania has managed to continue in its existence and change over time. Lastly, this Part examines how II. Nymphomania and the Medicalization nymphomania and its relation to female sexuality are of Female Sexuality treated in modern American culture. Part III discusses why and how society Beginning in the late 19th century, and up medicalizes nonmedical issues. Ultimately, this Paper through the mid-20th century, there was a widely argues that medicalization of female sexuality is at least held belief that strong sexual desires in a woman partially an attempt to reinforce male gender superiority were a symptom of disease.20 Medical texts had over women. It then compares the medicalization of used science and biological reasoning to reinforce birth control and abortion and how they have also the sexual norms of society and to treat conduct been used to reinforce the gender hierarchy. that failed to conform to society’s sexual code as a Part IV summarizes the current debate malady.21 Medical professionals used the respect and regarding the censorship of pornography. Proponents illusiveness of their field to legitimize the code of for the protection of pornography argue that acceptable sexual behavior and gender roles between pornography can be a release of sexual tension that men and women by medicalizing any sexual acts that contributes to a decrease in sexual violence.14 They deviated from those norms.22 Even today American also claim that pornography contributes to greater women sometimes seek advice on how to fix their sex female social equality, and pushes the boundaries “problems” when their sexual desires do not conform of social conservatism.15 Pro-censorship supporters to acceptable societal gender norms.23 Historically, argue that pornography degrades women, contributes acceptable sexual expression has had many more to gender inequality, and leads to acts of misogyny, boundaries for women than for men. For example, many of which would not occur but for the doctors previously blamed a woman’s dissatisfaction production of pornography.16 Catharine MacKinnon, with intercourse on her insatiable reproductive a pro-censorship advocate, argues that pornography organs or her brain instead of considering the man’s causes direct harm to the individual women involved possible impotence or his sexual inexperience as the in making pornography17 and to society as a whole cause.24 Additionally, women who took on dominant because it socially subordinates women and turns them or aggressive sexual characteristics were often seen as into the sexual property of men.18 Furthermore, pro- sick or deviant.25 Clearly, women who deviate from censorship supporters argue that pornography does social norms risk being mistreated or diagnosed as ill not deserve constitutional protection at all because it by society for acts that men can commit without the is conduct, not speech.19 This Part summarizes both same risk of stigma. sides of the censorship argument and concludes that The dominant ideology during the Victorian the risk of harm caused by pornography is outweighed era was that women were “passionless” and “the by the benefits that can result from the production passive objects of male desire.”26 This mentality and consumption of pornography. persisted throughout this period and continued into Part V explains the benefits of pornography the twentieth century,27 there was an assumption and argues that it should remain a protected form of that women were mainly valued for their capacity speech. Additionally, Part V addresses the strongest to produce children and that their sole interest in counterargument to the thesis of this Paper: child sex was to procreate.28 Many Victorian women pornography. An argument could be made that the internalized these societal expectations,29 which led benefits that result from adult pornography could many women to consult their doctors about their also apply to child pornography; however, such an sexual “problems” when they deviated from societal argument about child pornography does not stand notions of healthy sexual expression.30 However, the because child pornography causes different types of 54 THE MODERN AMERICAN defining characteristics of nymphomania31 were not clitoris or ovaries if the doctor felt it could relieve her compiled
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